Asked by: Lauren Sullivan (Labour - Gravesham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to help ensure that magistrates’ courts hand down proportionate sentences for environmental crime.
Answered by Jake Richards - Assistant Whip
Sentencing in individual cases is a matter for the courts. Parliament has provided the courts with a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences, and custodial sentences.
When deciding what sentence to impose, courts must consider the full circumstances of the case to ensure that sentencing is proportionate to the offence committed, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts also have a statutory duty to follow any relevant sentencing guidelines, developed by the Sentencing Council for England and Wales, unless in the interests of justice not to do so.
The Sentencing Council has issued definitive guidelines covering environmental offences, both for offenders that are individuals and organisations, which can be found online: https://sentencingcouncil.org.uk/.